DAR File No. 42116
This rule was published in the October 1, 2017, issue (Vol. 2017, No. 19) of the Utah State Bulletin.
Annual Assurance of Compliance by Local School Boards
Notice of Proposed Rule
DAR File No.: 42116
Filed: 09/15/2017 08:47:50 AM
Purpose of the rule or reason for the change:
Following a five-year review, the Utah State Board of Education determined that Rule R277-108 continued to be necessary so it was continued. The rule is amended to provide necessary technical and conforming changes to bring the rule into compliance with the Rulewriting Manual for Utah and to include reference to a new written assurance required by Rule R277-515. (EDITOR'S NOTE: The proposed amendment to Rule R277-515 is under Filing No. 41979 that was published in the August 15, 2017, issue of the Bulletin and is effective as of 09/21/2017.)
Summary of the rule or change:
The amendments to this rule provide technical and conforming changes that include changes to numbering, references, and terminology.
Statutory or constitutional authorization for this rule:
- Section 53A-1-401
- Art X Sec 3
Anticipated cost or savings to:
the state budget:
The amendments to Rule R277-108 provide technical and conforming changes which will likely not result in a cost or savings to the state budget.
The amendments to Rule R277-108 provide technical and conforming changes which will likely not result in a cost or savings to local governments.
The amendments to Rule R277-108 provide technical and conforming changes which will likely not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
The amendments to Rule R277-108 provide technical and conforming changes which will likely not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
The amendments to Rule R277-108 provide technical and conforming changes which will likely not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
After conducting a thorough analysis, it was determined that the amendments to this rule will not result in a fiscal impact to businesses.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Angela Stallings, Deputy Superintendent, Policy and Communication
R277. Education, Administration.
R277-108. Annual Assurance of Compliance by Local School Boards.
2]. Authority and Purpose.
A.] This rule is authorized by
Utah Constitution Article X, Section 3 which vests general control and supervision [
of] public education in the Board;
(3)] which [ permits] the Board to [ adopt] rules [ in accordance with its] responsibilities
and allows the
Board to interrupt disbursements of state aid to any district which
fails to comply with rules adopted in accordance with the law.
B.] The purpose of this rule is to provide local school
boards with a list of laws requiring local school board action and
a means of assuring that local boards are in compliance.
A. ]"Annual assurance letter" means a
letter required annually from each local school board by the Board
to be received no later than October 1 of each year that provides
the required compliance information and documentation, if directed,
for identified programs and funds.[ B. "Board" means the Utah State Board of
Education. C. "USOE" means the Utah State Office of
A.] The [ Board] shall provide [ to school district superintendents, the superintendent for
the Utah School for the Deaf and the Blind and charter school
governing boards ]a list of laws and a list of State Board
of Education Administrative Rules which require action or
compliance by June 30 of each year
B.] The list
shall identify laws and rules
along with required compliance dates and reporting forms, if
different or necessary than or in addition to the annual assurance
C.] The [ Board] shall consolidate all required reporting and
compliance forms and provide for electronic reporting, to the
Local Board and Identified School]
A. Local Boards] shall submit the required [ A]nnual [ A]ssurance [ L]etter[ (s)] and other compliance forms on or before dates
identified by the Board.
B.] In the event that a
[ local school board] is unable to provide required assurances, compliance
information or forms by required dates, [ the local school board] shall provide to the [ USOE] a written explanation of the [ local school board's] inability and provide a compliance date.
The] request for [ delay in providing] the assurance shall be reviewed
by the [ Board or its designee] and accepted or rejected in a timely
A. Each local school board and charter school governing
board] shall provide, consistent with state law, written
assurance of the following:
(1) the National motto is displayed in schools consistent with Section 53A-13-101.4(6);
(2) the Pledge of Allegiance is recited in public schools consistent with Section 53A-13-101.6;
(3) a policy has been developed, in
consultation with school personnel, parents, and school community,
to provide for effective implementation of student education plans[
/student education occupation plans (SEPs/SEOPs)]
consistent with S
(4) compliance with Section
in ]that [ it] does not endorse or provide preferential treatment
for any education employee association;
(5) a policy has been developed for Quality Teaching Block Grant Program consistent with Section 53A-17a-124;
(6) a policy has been developed on education association leave consistent with Section 53A-3-425;
(7) each public school within the [
district] has established a community council consistent with
Section 53A-1a-108, and the community council members have been
advised of their responsibilities consistent with Sections
53A-1a-108 and 53A-1a-108.5;
(8) the [
local school board] has provided the [ USOE] with required Utah Performance Assessment
System for Students (U-PASS) test results in order for the [ USOE] to fulfill the requirements of 53A-1-605;
(9) the [
district] does not make payroll deductions from the wages of its
employees for political purposes consistent with S
(10) the [
local school board] has implemented a training program for school
administrators consistent with Section 53A-3-402(1)(f);
(11) the local school board has an educator evaluation program developed by a joint committee including classroom teachers, parents and administrators consistent with Section 53A-10-103;
(12) the local school board or charter school governing board has presented and implemented an electronic device policy consistent with the timelines and provisions of R277-495;
(13) the [
school district or charter school] has posted
collective bargaining agreement[ (s)] on the [ school district or charter school] website within ten days of the ratification or
modification of any collective bargaining agreement consistent with
Section 53A-3-428;[ and]
(14) by May 15[
the [ school district or charter school] has posted certain public financial information on the [ school district or charter school] website consistent with Sections 63A-3-401 through
B. ]Letters from [ local school boards] assuring compliance with the laws [ above]
are due to the [ State ]Superintendent [ of Public Instruction ]no later than October 1 of
6]. Penalties for Noncompliance.
A.] The [ Board] shall request written explanation[ (s)] from [ local school boards] and identified schools that fail to meet reporting
and compliance deadlines.
B.] Following an opportunity to provide explanations and
request delays, [ local school boards] and identified schools shall be notified of penalties
assessed by the Board against the [ local school boards].[ C. Penalties may include: (1) warning letters; (2) letters of reprimand sent to the local school board
with copies to appropriate Legislative committees; (3) charter school review under R277-481; or (4) interruption of monthly transfers of funds specified
for administrative costs under Section 53A-17a-108, interruptions
of disbursement of state aid under Section 53A-1-401(3) or
withholding of specific program funds.]
7]. Record Retention.
Letters of [
A]ssurance, as required by the Board, shall be kept on file [ at the USOE] for five years, together with letters
of explanation and documentation of penalties, as directed by the
KEY: local school boards, compliance
Date of Enactment or Last Substantive Amendment: [
December 17, 2012]
Notice of Continuation: September 13, 2017
Authorizing, and Implemented or Interpreted Law: Art X Sec
53A-6-702;] 53A-1-401[ (3)]
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20171001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.